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  • Spanish law firm Cuatrecasas has acquired Alicante law firm Dura and plans further mergers with firms in Glaizia, Majorca and Portugal. It is expanding its activities in an attempt to become the prominent law firm in the Iberian peninsula. Dura is a small firm specializing in commercial law and tax law and has special links with the European trade mark office in Alicante. Enric Picañol, head of international operations at Cuatrecasas in Barcelona, says: "We have clients in the major cities and now we want to go to the smaller places. We want to provide our clients with local advice but give them a full range of services."Cuatrecasas already has offices in Madrid, Barcelona, Bilbao and Valencia.
  • Following pressure from the opposition party, the Japanese Prime Minister has decided to withdraw legislation to rehabilitate the financial sector. The government was planning to use taxpayers' money to help bail out Japan's ailing banks but Minshuto, the Democratic Party of Japan, has proposed a rescue plan which will address the problems by allowing market forces to prevail. Naoto Kan, the leader of Minshuto, proposes that the Long-Term Credit Bank (LTCB) be nationalized and no longer entitled to receive public money from a fund which was set up in February following the enactment of a new law to provide financial assistance to banks. Kan also proposes that an independent body be created to deal with failed financial institutions. The creation of this body, under Article three of the National Government Law, will result in a separation of budgetary and financial administration in the Ministry of Finance. However, this move is criticized by lawyers for its lack of long-term vision. Andrew Castle, banking partner at Allen & Overy in Tokyo, says: "These proposals do not provide an answer to the problems. Nationalizing the bank does not really mean anything in itself. The question they must address is whether they will find resources to keep LTCB in business or wind it up."
  • Two of Norway's big four law firms have scooped this year's largest restructuring of the country's banking sector. There is nothing unusual in that, except that there are not two, but three merging entities – Christiania Bank, the country's second largest lender, rival Fokus Bank and state-controlled Postbanken. The merger will create Norway's biggest financial services group, valued at NKr28 billion (US$3.6 billion). Wikborg Rein & Co is advising Christiania Bank with M&A partner Arne Didrik Kjornaes leading the team. Bugge Arentz-Hansen & Rasmussen (BAHR) accepted the delicate task of representing both Fokus and Postbanken.
  • German firm Gleiss Lutz Hootz Hirsch & Partner and Benelux firm Stibbe Simont Monahan Duhot are considering merging. Partners at the two firms will take a vote in December and, if approved, the German firm will continue business as Stibbe Gleiss Simont Duhot on January 1 1999. The move follows the merger last year of Stibbe and French firm Giroux Buhagiar & Associés in Paris. Frans Corpeleyn, managing partner of Stibbe, says: "We will have French, Belgian, Dutch and German lawyers and these are the major jurisdictions in Europe. We want to be one truly integrated European law firm."
  • Though the word privatization is still not in the official lexicon, China’s latest moves to retreat from state-owned enterprise and invite private investment offer privatization opportunities to brave foreign investors. By Jingzhou Tao of Coudert Brothers, Beijing
  • In a second article on the Financial Services and Markets Bill, Charles Abrams of S J Berwin & Co, London discusses the proposed authorization requirements for UK and non-UK activities and the proposed restrictions on marketing investments and investment services
  • The equities markets have seen some interesting deals despite the cold Russian winds spreading the Asian flu across the emerging markets. Nick Ferguson reports
  • The Castagnede Report produced by the Commission this month recommends that the EU should begin a gradual reconciliation of the member states' VAT rates, ie turnover tax, and it should harmonize reduced rates by widening their field of application. The report comments that the level of VAT rates in member states still varies considerably with the normal rate lying somewhere between 15% and 25% and reduced rates lying between 5% and 17%. The report states that there are a number of substantial differences between the member states in their application of VAT. Denmark does not apply any reduced rates; Austria, Portugal, Finland and Sweden apply two reduced rates; the other member states apply a single reduced rate but also apply special rates, including a zero rate on some products. At the moment these differences do not cause distortions in competition or affect trade flows. However, the Commission is concerned that with the continuation of market integration, the arrival of the single currency and the increased use of electronic commerce, competition will increase, creating the need to harmonize VAT.
  • President Jiang Zemin's recent call for restraint of the People's Liberation Army's widespread business activities is only part of a greater campaign to separate government and business in China. In the areas of tax and finance, two events highlight this tendency:
  • Credit derivatives are contracts intended to transfer credit risk on loans, bonds and other assets (the underlying assets) from the protection buyer to the protection seller. Under these contracts, the payment or other obligations of the protection seller are triggered by credit events affecting the reference asset.